"Don't Say Gay" Bills Must Violate the 1st Amendment... Right? RIGHT?!
Added 2024-07-15 09:40:32 +0000 UTCOA1051
In the wake of... one of the many moral panics likely started by Chris Rufo, many "Don't Say Gay" laws were passed. I don't know about you, but I had just figured these had to be unconstitutional. After all, we have freedom of speech, right? There's an Amendment about that, right? Well.......
Returning to the show to take us through this is the best namer of law review articles, Caroline Mala Corbin. Caroline is a law professor at the University of Miami, focusing on the First Amendment's speech and religion clauses, reproductive justice, and the principle of equality that should run through it all. Check out her paper "The Government Speech Doctrine Ate My Class" here!
Comments
This reminds me of Gorsuch’s Bostock opinion regarding equal protection. You can be told to not say gay, but only if all heteronormative speech is equally restricted.
Austin Flake
2024-07-15 15:26:22 +0000 UTCOne detail of the "don't say gay" law that I haven't seen challenged enough is the way the language is neutral. We all understand the intent is to selectively ban discussion of same sex relationships or transgender individuals, but as written the law restricts ALL instruction around gender or sexual orientation. As-is, Romeo and Juliet or even Goldilocks and the Three Bears could be banned, as they involve heterosexual relationships and cisgender characters. I hope to see parents or students challenging schools (through school boards/dept of education, not courts) to remove all books mentioning heterosexual or cisgender characters - either to highlight the absurdity of the rule, or to at least force Florida to admit the law isn't neutral so they can't claim as much in court.
Why do podcasters say moron that later
2024-07-15 15:02:45 +0000 UTCliteral LOL when the intro ended with "i hate the supreme court!!!" also literal "what the fuck" when I saw the cannon dismissal just now..... looking forward to the deep dive on that one!!
can I get a CHEE-HOOOOO
2024-07-15 14:50:33 +0000 UTCI'm such a huge Parks and Rec fan, I was overjoyed to hear Leslie Knope! Keeping "I hate the Supreme Court" had me smiling by the end of the intro. Seems silly, but it also seems like we need to enjoy the little things, while constantly living in "unprecedented times." What a f#@^ing weekend.
Lisa Marie Chambers
2024-07-15 13:24:52 +0000 UTC"He gagged me!" Is one of my favorite intro quotes of all time. Has to be a part of the intro for Gavel Gavel when that exists (assuming you use some sort of intro quotes like all your other shows except SIO)
ToddTheOdd
2024-07-15 12:29:00 +0000 UTCNew intros?!?!?!!!! Must listen immediately even though it would make sense to wait.
Katie Byrum
2024-07-15 12:14:21 +0000 UTCloving the new intros!
lauren
2024-07-15 10:54:16 +0000 UTC
